Category Access to Medicine

Webinar – Guaranteeing Access to Medicines: Reforming Trade and Investment Treaties in the COVID-19 Era

[December 11, 2020 | 7am EST] Eight months into COVID-19, what is the status of the international investment regime and access to essential medicines? The GDP Center’s Working Group on Trade and Access to Medicines will host a panel discussion on trade, investment regime, and access to essential medicines. The event is co-sponsored with the South Centre, an intergovernmental organization of developing nations based in Switzerland.

Designing Pro-Health Competition Policies in Developing Countries

[Vitor Henrique Pinto Ido] Abstract: Competition law and policy has become an important tool for countries to promote access to pharmaceuticals. How can countries design and enforce competition policies that are suitable to the particularities of developing countries? What are the main anti-competitive tactics in the pharmaceutical sector, and how should they be dealt with? This paper deals with these issues, taking into account the socio-economic relevance of access to health products

Practical Implications of ‘Vaccine Nationalism’: A Short-Sighted and Risky Approach in Response to COVID-19

[Muhammad Zaheer Abbas] Abstract: ...This paper highlights why it is important for national governments to support the collaborative and coordinated effort of the COVID-19 Vaccines Global Access (COVAX) facility for the timely development and efficient delivery of potential COVID-19 vaccines. It concludes that an effective response to the current health and economic crisis should be guided by values of international solidarity, multilateralism, equality, and global collaboration. It proposes the adoption of an enforceable global framework to address the concerns arising from the combination of vaccine nationalism and intellectual property exclusivities.

New ViiV license with the Medicines Patent Pool expands access but eviscerates transparency

[Brook Baker] The Medicines Patent Pool (MPP) has announced a new licensing agreement for dolutegravir (DTG) with ViiV for four countries (Azerbaijan, Belarus, Kazakhstan, and Malaysia) excluded from earlier licensing agreements. Reports about this new announcement, which resulted from negotiations that directly involved the affected countries’ governments (unlike many past MPP licenses), have missed significant shortcomings in the deal.

Injunctive relief after the WTO’s refusal to adopt the India-South Africa COVID-19 Waiver Proposal

[Joshua Sarnoff] As the world confronts the third wave of the COVID-19 pandemic, the WTO’s TRIPS Council has rejected the proposal by India and South Africa for the WTO to temporarily waive the intellectual property rights requirements of the TRIPS Agreement in regard to copyrights, industrial designs, patents, and trade secrets. Notwithstanding, countries will continue to exercise TRIPS flexibilities in regard to IPRs that affect their ability to respond to COVID-19.

Conflicting Interests, Competing Perspectives and Policy Incoherence: Covid-19 Highlights the Significance of the UN High-Level Panel Report on Access to Medicines

[Muhammad Abbas] ... The UN High-Level Panel Report on Access to Medicines is a great help in identifying and articulating the nature of the public policy problems faced by countries in response to COVID-19. After analysing the Report and its key recommendations, this paper evaluates the diverging responses to the Report which clearly highlight the conflicting interests of stakeholders. This article concludes that WTO Member States need to revive the spirit of the Doha Declaration which was arguably the best multilateral effort to accommodate the conflicting interests.

Access to medical supplies and devices — the lesser known story of COVID-19 and medical monopoly

[Salimah Valiani] Discussions around access to potential vaccines for COVID-19 are widespread, particularly in the global South. Much less discussed is the lack of access to already existing medical technology crucial to stemming the spread of the novel coronavirus and assisting its most severely affected victims. The latter is the outcome of the monopoly control of medical technology — a phenomenon stretching at least as long as the monopoly of Big PHARMA — though much less understood.

UNAIDS supports a temporary WTO waiver from certain obligations of the TRIPS Agreement in relation to the prevention, containment and treatment of COVID-19

[UNAIDS Press Statement] Today, the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council meets to consider a proposal presented by the Governments of South Africa and India for a temporary waiver of certain TRIPS obligations in order to facilitate an appropriate response to COVID-19. The aim is to create certainty and clarity, guaranteeing freedom to operate, innovate, procure and scale up manufacturing capacities in essential health technologies at the required scale. The waiver would reduce transaction costs and eliminate key barriers across the research and development cycle and the supply chain for the access and delivery of health technologies to prevent, diagnose and treat COVID-19.

TRIPS Flexibilities on Patent Enforcement: Lessons from Some Developed Countries Relating to Pharmaceutical Patent Protection

[Joshua Sarnoff] Authority for national judiciaries to issue permanent and preliminary injunctions is required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Articles 44 and 50. But the TRIPS Agreement does not require the issuance of injunctions in any particular circumstances, and does not harmonize the laws on which national jurisdictions derive their injunctive relief authorities. Thus, countries remain free to refuse prohibitory injunctive relief for adjudicated or likely patent infringement, particularly if “reasonable compensation” is offered in the form of an “ongoing royalty” or an “interim royalty” payment, which acts similarly to a compulsory license.

Civil Society ORganizations call for strong support for TRIPS waiver to combat COVID-19

[Kanaga Raja] Nearly 380 civil society organizations have urged Members of the World Trade Organization to strongly support the adoption of a draft decision proposed by India and South Africa for a waiver from certain provisions of the TRIPS Agreement to combat the worsening COVID-19 pandemic. India and South Africa have submitted a proposal (IP/C/W/669) to the WTO TRIPS Council on a “Waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19”.

Chilean Congress Supports INDIA and South Africa request at TRIPS COUNCIL

Today the Camara de Diputados ( House of Representatives) of Chile approved a resolution asking the Chilean government to support at the TRIPS council the moratoria of the trips obligations regard to vaccines and therapies for Covid in the terms proposed by India and South Africa. The resolution also request further support on the implementation of C - TAP.